International Disputes over the Intellectual Property Rights(4)

Study on international disputes over the intellectual property rights

Namely, the Korean court decided vividly that even if an intellectual property had been invented in a foreign nation but if a suit should be brought for its infringement or protection in Korea, the Korean law would be applied to the case according to 'lex loci protectionis.' 

The fact that the Korean court applied 'lex loci protectionis' to the case based on Article 24 of Private International Law specifying "Intellectual property rights shall be protected by the law of the nation where they are infringed upon" is interpreted in such a way that 'lex loci protectionis' accepted widely in determining the governing law for the international disputes over the intellectual property rights should be more realistic.

On the other hand, a variety of international efforts are being made to unify the standards for determining the governing law for the international disputes over the intellectual property rights. The model examples of such movements are Berne Convention, Rome Convention, and the like. 

Japan's reaction to protect geographical brands in China(2)

Japan's reaction to protect geographical brands in China and its implication to South Korea

For example, a company files a suit against its rivals in neighboring countries in charge of severe copyright infringement. A governmental agency is also embarrassed to catch its publications have been openly used in another country without legitimate process of offer and acceptance. 

It is between Japan and China where disputes over the intellectual property rights arise most in Northeast Asia. The fact that Japan is still leading this area and China has been rapidly raising its clout lies in this phenomenon. 

As an emerging economy, China has tended to learn lessons from Japan, the most advanced economy in this region in a quick and simple way sometimes without due payment.

Japan's move to protect geographical brands(1)

Japan’s move to protect geographical brands in China and its implication to Korea

As the wave of globalization is getting bigger and bigger, national economies also impact to each other more frequently. Thus, snowballing international disputes are reported here and there in the international stage. 

This is no exception in Northeast Asia. In fact, growing number of cross-border conflicts have been observed in this region. It is mainly because Japan, Korea and China have not only cooperative partnership but also competitive relationship. 

Troubles are widely found in both private and public sectors. Especially, cases regarding the intellectual property rights are often being heard recently. This is no wonder in a time when the significance of the intangible assets is getting unprecedentedly highlighted as a key source of national competitiveness. 

For example, a company files a suit against its rivals in neighboring countries in charge of severe copyright infringement. A governmental agency is also embarrassed to catch its publications have been openly used in another country without legitimate process of offer and acceptance.